India: Non-profit/For-profit Company Registry Requirements

Main Company entities in India include:

  • Private limited companies.
  • Public limited companies.
  • Limited liability partnerships: This is a partnership with independent legal entity status and perpetual existence where the partners enjoy limited liability.
  • One person companies: A one person company is a combination of a sole proprietorship with limited liability. This kind of corporate set-up has only one member.
  • Section 8 companies: This is a not-for-profit company formed with charitable or social objects to which all of its profits will be applied.

A company can be incorporated through an online process. In order to be incorporated, companies are required to fill in the SPICe INC-32 form.

The following documents must be filed with SPICe Form INC-32 for incorporation of company: - Memorandum of Association – Applicable and mandatory only in case of Section 8 company or company with foreign subscribers not having Directors Identification Number (DIN) - Articles of Association – Applicable and mandatory only in case of Section 8 company or company with foreign subscribers not having DIN - Affidavit and declaration by first subscriber(s) and director(s) – Mandatory in all cases - Proof of office address - Copies of utility bills that are not older than two months - Copy of approval in case the proposed name contains any word(s) or expression(s) which requires approval from central government - If the proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act, then it is mandatory to attach the trademark registration certificate or trademark application copy - No Objection Certificate from the sole proprietor/ partners/other associates/ existing company - Proof of identity and residential address of the subscribers - Proof of identity and residential address of directors

In addition, The digital signature of a professional (Chartered Accountant Company Secretary/ Cost Accountant/ Advocate) is required to file Form INC-32. The Professional must declare that all information presented in the form is correct and enter his/her membership number and certificate number.

All forms for incorporation can be found on the Ministry of Corporate affairs website

Ministry of Corporate Affairs page on incorporating a company

Ministry of Corporate Affairs FAQs on SPICe forms


India Filings

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